HAROLD ERICKSEN, APPELLANT,
v.
FASTENING SYSTEMS, INC., APPELLEE
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Florida appellate court affirmed attorney's fees award but remanded for calculation of prejudgment and postjudgment interest at statutory rates.
Prejudgment and postjudgment interest must be awarded on attorney's fees from the date entitlement is determined.
[1] Prejudgment interest on an award of attorney's fees accrues from the date entitlement is determined, and postjudgment interest may accrue on the merged total of prejudgme…
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Join FLexlaw to unlock all legal intelligence“approve including prejudgment amounts in a merged total, with postjudgment interest then accruing on the merged total”
Court cited Quality Engineered to support the proper method of calculating interest on attorney's fees awards.
Fastening Systems, Inc. voluntarily dismissed its action against Harold Ericksen, and the trial court awarded Ericksen attorney's fees but failed to i…
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WHATLEY, Judge.
In this appeal, Harold Ericksen argues that there are several deficiencies in the order awarding him attorney’s fees that was entered after Fastening Systems, Inc., voluntarily dismissed its action against him. We find merit only in his argument that the trial court erred in failing to award both prejudgment and post-judgment interest on the fee award. See Quality Engineered, Installation, Inc. v. Higley South, Inc., 670 So. 2d 929, 930-31 (Fla.1996) (holding that prejudgment interest on award of attorney’s fees accrues from date entitlement is determined and agreeing with decisions that “approve including prejudgment amounts in a merged total, with postjudgment interest then accruing on the merged total.”); Stoler v. Stoler, 679 So. 2d 837, 838 (Fla. 2d DCA 1996) (affirming finding that interest on attorney’s fees and costs accrues from date of entitlement and that postjudgment interest may accrue on prejudgment amount, citing Higley South). See also § 55.03(2), Fla. Stat. (2003) (providing that interest accrues on judgment until it is paid).
Accordingly, we affirm the order awarding attorney’s fees but remand to the trial court for entry of an award of prejudgment and postjudgment interest calculated at the statutory rate.
Affirmed but remanded.
SALCINES and STRINGER, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wright v. Wright, 965 So. 2d 1168 (Fla. 2d DCA 2007)…al court shall fashion a reasonable method for the former husband to pay the former wife’s attorney’s fees and costs. See id. The trial court shall also award interest on the amount from the date of entitlement. See Ericksen v. Fastening Sys., Inc., 932 So. 2d 271, 271 (Fla. 2d DCA 2005); Stoler v. Stoler, 679 So. 2d 837, 838 (Fla. 2d DCA 1996). Affirmed in part; reversed in part; remanded. NORTHCUTT, C.J., and MENENDEZ, MANUEL, JR., Associate Judge, Concur.…
Authorities Cited
- Quality Engineered Installation, Inc. v. Higley S., Inc., 670 So. 2d 929 (Fla. 1996)
- Stoler v. Anne B. Stoler, 679 So. 2d 837 (Fla. 2d DCA 1996)